Terms & Conditions

By accessing or otherwise using this Website (“Website”) you agree to be bound by these terms and conditions of use.

Updates to the Terms and Conditions

NX Fusion may change and update these terms and conditions of use at any time, without prior notice. If you access or use the Website after NX Fusion posts a change, you accept that change. If you do not accept that change, do not use or access the Website. Please check these terms periodically.

Please allow 1 to 2 business days processing before shipment for any product designated as “In Stock”. While NXFusion™ makes every attempt to maintain accurate stock information, NXFusion™ is not responsible for the accuracy of inventory. In the event of a discrepancy regarding availability of a product, NXFusion™ has the right to fully refund a customer for the full purchase price, in lieu of timely delivery of merchandise.

• NXFusion™ processes and ships Monday to Friday, and is closed on weekends and holidays.
• No deliveries are made by carriers on weekends or holidays.
• Deliveries to Post Office Boxes may be shipped by Canada Post only, at our discretion. Please contact your dedicated sales team for arrangement on larger bulk shipments, and for the best freight options.

Prices shown on the NXFusion™ site do not include applicable taxes or shipping and handling fees, unless otherwise noted. Prices are in CANADIAN dollars unless otherwise noted. The price charged for an order will be the price in effect at the time the order is made.

Products sold by NXFusion™ are covered under our 15-day customer satisfaction policy and a limited 15-day DOA (dead-on-arrival) policy, from the original invoice date, and is subject to the following terms and conditions:

1. ALL merchandise requires an RMA number (Return Merchandise Authorization) issued by NXFusion™ for return. RMA numbers are valid for 7-days with a small leeway for shipping times. Merchandise returned to us without a valid RMA number will be refused and shipped back to the customer at the customer’s expense. Please allow 5 to 10 business days for testing and refunds to be processed.

2. Returned merchandise must NOT be physically damaged. All products are eligible for original manufacturer’s warranties. Please contact the manufacturer for additional information. All fees, including “shipping and handling”, insurance coverage fees, and other service fees are non-refundable.

3. Unopened merchandise (not including special orders or merchandise labeled “No Returns” or similar language) can be returned within 15 days (based on the current market price of the product, if the current market price is lower) for a full refund less shipping, insurance and handling charges.

4. Returns MUST include all tags and packing materials or the return will be rejected. NXFusion™ reserves the right to refuse any returns or refunds for merchandise.

When products are shipped to you by common carrier, NXFusion’s liability to you for breakage and/or non-delivery of the products by the common carrier to you will be limited by the limits of liability provided by the common carrier’s terms and conditions of carriage. You may wish to purchase insurance from loss or breakage during carriage for full insurable value of the products you have ordered by making the appropriate requests when placing your order with NXFusion™. Please email us at: [email protected] about insurance options.

What are the duties (or custom tariffs), VAT, and taxes?
The governments of the destination country determine the duties (or custom tariffs), VAT, taxes that are charged for the products being imported into the country. These charges for customs clearance must be borne by the recipient. NXFusion™ does not have control over these charges and cannot predict what they may be. NXFusion™ recommends that you contact your local customs office for more information.

All orders shipping within British Columbia (BC) will be charged the applicable Provincial Sales Tax (PST). Goods and Services Tax will be charged for all orders shipped to a Canadian address, except for Government orders and orders bound to destinations where GST is exempt. Harmonized Sales Tax (HST) will be charged to residents of Ontario, New Brunswick, Nova Scotia, Prince Edward Island, and Newfoundland and Labrador.
For US bound orders, no additional taxes will be charged.

NXFusion™ disclaims all other warranties, express or implied, as to any such product, including and without limitation, the implied warranties of merchantability and fitness for a particular purpose, and any implied warranties arising from statute, trade usage, course of dealing, or course of performance.

You (“the Customer”) and NXFusion™ agree that these Terms and Conditions are the sole terms and conditions governing the sales transaction between the Customer and NXFusion™. Any attempt to alter, supplement, modify or amend these Terms and Conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these Terms and Conditions are subject to change at any time, without prior written notice. Therefore, please check these Terms and Conditions carefully each time you place an order with NXFUSION.com.

NXFusion™ will not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if NXFusion™ has been advised of the possibility of such damages.

These Terms and Conditions shall be interpreted under and governed by the laws of British Columbia, without giving effect to conflicts of law rules. Headings used in these Terms and Conditions are for convenience of reference only and are not intended to be part of, or to affect the meaning or interpretation of these Terms and Conditions.

All dispute, controversy, or claim against NXFusion™ arising out of or relating to these Terms and Conditions, their interpretation, or the breach, termination or validity thereof, or any related purchase shall be resolved exclusively and finally by arbitration administered by the Better Business Bureau (BBB).

The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between you and NXFusion™.

The arbitration shall be held in any mutually agreed upon location in person, by telephone, or online. Any decision rendered in such arbitration proceedings will be final and binding on each of the parties, and judgement may be entered thereon in a court of competent jurisdiction.

The arbitrator shall not award either party special, exemplary, consequential, punitive, incidental or in damages, or attorney’s fees and each party irrevocably waives any such right to recover such damages. The parties will share the costs of the arbitration, (including the arbitrator’s fees, if any) in the proportion that the final award bears to the amount of the initial claim.

If any provision of these Terms and Conditions is held to be illegal, invalid or un-enforceable, in whole or in part, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.

Our goal is to provide current and accurate information on our website. However, errors, misprints, and omissions sometimes occur. These include but are not limited to incorrect or incomplete prices, descriptions, specifications, photographs or illustrations. NXFusion™ makes no warranty that the content of the website is accurate or complete.

Prior to shipment or delivery of any order, NXFusion™ may cancel, reject, correct, or terminate any order for products, services, or insurance for which the price was incorrectly displayed or where we otherwise displayed erroneous, incomplete, or inaccurate information. NXFusion™ can cancel, reject, correct or terminate at any stage of the order processing, including after an order has been submitted and confirmed, and your credit card or debit card has been charged or an electronic funds transfer has been sent or received. In the event your order is cancelled by NXFusion™ after your credit card or debit card has already been charged, NXFusion™ will immediately issue a credit to your payment card account in the amount of the charge. Individual bank or credit union policies will determine when this amount is credited to your account.

NXFusion™ is not obligated to complete any sell of products, services, or insurance based on errors, misprints, or omissions on our website.

NXFusion™ and its representatives specifically disclaim, to the fullest extent permitted by law, any and all warranties, express or implied, relating to the Website or its content, including but not limited to, implied warranties of merchantability, completeness, timeliness, correctness, non infringement, or fitness for any particular purpose.

NXFusion™ may at any time, with no prior notice or liability to any website user (a) correct any error, inaccuracy, or omission; (b) change the products and services available on the website, or the prices, fees, description, and specifications of such products, services, and insurance; (c) limit quantities, promotional or otherwise, available for sale.

Problems with NXFusion™ site can be reported to us by sending us a message through our online ticketing and support system. NXFusion™ reserves the right to revise these Terms and Conditions, including the customer satisfaction policies at any time, without notice. Posting of revised Terms and Conditions or amended policies shall constitute actual notice to customers. Please visit www.nxfusion.com for the latest revision of these Terms and Conditions.

NXFusion™ grants you a limited license to access and use the Website, including to display, copy, distribute and download its content, only for your personal, non-commercial use and provided that you do not modify the Website, its content, or any copyright or other proprietary notices. This license terminates automatically if you breach any of these terms and conditions of use. Upon termination, you must immediately destroy all copies in your possession.

Unauthorized use of the Website or any content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Except as expressly authorized above, you may not copy, modify, distribute, download, display, transfer, post, or transmit the Website or its content in any form without NX Fusion's prior written permission.

The following activities are also expressly prohibited without NX Fusion's prior written permission: any non-personal or commercial use; use of any robot, spider, other automatic device, or manual process to monitor or copy the Website or any of its content; “mirroring” or “framing” the Website or any content on any other server; collection or use of product listings, descriptions, or prices for a supplier of competitive or comparable products; and any action that imposes an unreasonable or disproportionately large load on the Website or otherwise interferes with its functioning.

Except for information that is subject to the NX Fusion's Privacy Policy, NXFusion™ will not treat information you post or transmit to the Website as confidential or proprietary. By sending information to NXFusion™ through the Website (by transmitting, posting, or otherwise), you agree that NXFusion™ may use that information in any way, for any purpose, including NXFusion™ own commercial purposes, subject only to the NXFusion™ Privacy Policy.

You may not post or transmit any threatening, defamatory, sexually graphic, inflammatory, profane, or other inappropriate material. NXFusion™ reserves the right to edit or remove any post or transmission that, in its judgment, is not appropriate.

Under no circumstances will NXFusion™ or its affiliates have any liability with respect to any claims or damages (whether or in, special, incidental, consequential or punitive) as a result of your access or use of (or inability to access or use) this Website or its content, even if they have been advised of the possibility of such damages. You access and use this Website at your own risk.

NXFusion™ does not review or control third party Websites that link to or from the Website, is not responsible for their content, and does not represent that their content is accurate or appropriate. Your use of such third party site is on your own initiative and at your own risk and may be subject to the other sites’ terms of use.

The material provided on this Website is protected by law, including, but not limited to, Canadian copyright law and international treaties. The copyright in the content of the Website is owned by NXFusion™ or others. Except for the limited rights granted above, all other rights are reserved.

All trademarks are the property of their respective owners. Some images are courtesy of manufacturers.